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The Duties Test
To be exempt from overtime pay under the Fair Labor Standards Act (i.e., to be a so-called "exempt employee"), an employee must pass both a duties test and a salary basis test. The first step in determining whether an employee qualifies as an exempt employee is to determine whether he/she passes the specified duties test. As part of this topic, we will explore the new rules and standards for determining whether an employee passes the duties test. Because this is the test that underwent the most changes under the DOL's new regulations, this topic will cover the most new ground.

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The Salary Basis Test
This topic explores the second pertinent test. Although just as important as the duties test in determining exempt status, this area underwent fewer changes. Nevertheless, this is an area in which many employers inadvertently "get it wrong." We will explore many aspects of the salary basis test that may seem counter-intuitive and that most often trip up employers in their administration of exempt status.

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Traps For The Unwary
As every human resources and employment law practitioner knows, there is a whole spectrum of wage and hour laws, separate and apart from the FLSA's regulations as to exempt status, that spawn litigation and employee claims. We will look at a sampling of this spectrum and will advise you as to the subtleties and nuances of the law. Many mistakes in this area are easily fixed with a little bit of awareness … and we will tell you how.

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Go Forth And Audit
Our last topic will touch upon the importance of the self-audit. We will discuss why it is important for employers to review and correct, as necessary, their pay practices, and will provide you with a framework for doing just that. The most important aspect of any audit is to understand what you are looking for, what you should (and must) do with what you find, and how to use the audit to your greatest advantage. Our goal will be to send you away as well-informed consumers of the applicable wage and hour laws.